CHAPTER 3. SCOPE OF PRACTICE

CHAPTER 3. SCOPE OF PRACTICE somebody

11320. License Requirement - Violation - Penalty

11320. License Requirement - Violation - Penalty somebody

License Requirement - Violation - Penalty
11320. No person shall engage in federally related real estate appraisal activity governed by this part or assume or use the title of or any title designation or abbreviation as a licensed appraiser in this state without an active license as defined in Section 11302. Any person who willfully violates this provision is guilty of a public offense punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the imprisonment and fine. The possession of a license issued pursuant to this part does not preempt the application of other statutes including the requirement for specialized training or licensure pursuant to Article 3 (commencing with Section 750) of Chapter 2.5 of Division 1 of the Public Resources Code.

11320.5. AMC Registration

11320.5. AMC Registration somebody

AMC Registration
11320.5. No person or entity shall act in the capacity of an appraisal management company or represent itself to the public as an appraisal management company, either in its advertising or through its business name, without a certificate of registration from the bureau.

11321. License Requirement, continued

11321. License Requirement, continued somebody

License Requirement, continued
11321. (a) No person other than a state licensed real estate appraiser may assume or use that title or any title, designation, or abbreviation likely to create the impression of state licensure as a real estate appraiser in this state.
(b) No person other than a licensee may sign an appraisal in a federally related transaction. A trainee licensed pursuant to Section 11327 may sign an appraisal in a federally related transaction if it is also signed by a licensee.

(c) No person other than a licensee holding a current valid license at the residential level issued under this part to perform, make, or approve and sign an appraisal may use the abbreviation SLREA in his or her real property appraisal business.

(d) No person other than a licensee holding a current valid license at a certified level issued under this part to perform, make, or approve and sign an appraisal may use the term “state certified real estate appraiser” or the abbreviation SCREA in his or her real property appraisal business.

11323. Sales Commission Cannot Affect Appraisal Fee

11323. Sales Commission Cannot Affect Appraisal Fee somebody

Sales Commission Cannot Affect Appraisal Fee
11323. No licensee shall engage in any appraisal activity if his or her compensation is dependent on or affected by the value conclusion generated by the appraisal.

11324. Assistance by Person Not Licensed

11324. Assistance by Person Not Licensed somebody

Assistance by Person Not Licensed
11324. An individual who is not a licensee may assist in the preparation of an appraisal in a federally related transaction under the following conditions:
(a) The assistance is under the direct supervision of an individual who is a licensed appraiser and the final conclusion as to value is made by a licensed appraiser.

(b) The final appraisal document in a federally related transaction is approved and signed, with acceptance of full responsibility, by the supervising individual who is licensed by the state pursuant to this part, identifies the assisting individual, and identifies the scope of work performed by the individual who assisted in preparation of the appraisal in a federally related transaction.

11325. Regulations to Specify Types of Federally Related Transactions

11325. Regulations to Specify Types of Federally Related Transactions somebody

Regulations to Specify Types of Federally Related Transactions
11325. (a) The director shall adopt regulations which determine the parameters of appraisal work which may be performed by licensed appraisers.
(b) Regulations adopted by the director pursuant to this section shall, at a minimum, meet the standards established by federal financial institution regulatory agencies as required by Section 1112 of Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Public Law 101-73.

11326. Assessor to Provide Records for Investigation

11326. Assessor to Provide Records for Investigation somebody

Assessor to Provide Records for Investigation
11326. (a) The county assessor shall, upon request, disclose information, furnish abstracts, copies of maps, construction permits, notices of completion, sales confirmation, and permit access to all records in the county assessor’s office or branch offices, to the Bureau of Real Estate Appraisers when it is conducting an investigation related to professional conduct of appraisers.
(b) Whenever the assessor discloses information, furnishes abstracts, and all of the above and permits access to records to the Bureau of Real Estate Appraisers, the bureau shall reimburse the assessor for any reasonable cost incurred as a result thereof.

11328. Submission of Materials to Document Experience or Facilitate Investigation

11328. Submission of Materials to Document Experience or Facilitate Investigation somebody

Submission of Materials to Document Experience or Facilitate Investigation
11328. To substantiate documentation of appraisal experience, or to facilitate the investigation of illegal or unethical activities by a licensee, applicant, or other person acting in a capacity that requires a license, that licensee, applicant, or person shall, upon the request of the director, submit copies of the engagement letters, appraisals, or any work product that is addressed by the Uniform Standards of Professional Appraisal Practice, and all supporting documentation and data to the bureau. This material shall be confidential in accordance with the confidentiality provisions of the Uniform Standards of Professional Appraisal Practice.

11328.1. Production of Book Records and Materials

11328.1. Production of Book Records and Materials somebody

Production of Book Records and Materials
11328.1. If the director has a reasonable belief that a registrant, or person or entity acting in a capacity that requires a certificate of registration, has engaged in activities prohibited under this part, the director may submit a written request to the registrant, person, or entity, requesting copies of written material related to the director’s investigation. Any registrant, person, or entity receiving a written request from the director for information related to an investigation of prohibited activities shall submit that information to the director or the bureau within a reasonable period of time, which shall be specified by the director in the written request. Any material submitted shall be kept confidential by the director and the bureau.
CHAPTER 4. LICENSE APPLICATION